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Prepare an Acknowledgment of Service (Divorce) form. You need to post to your spouse at his or her last known address:

• a sealed copy of the Application for Divorce and any other documents you have filed with the Court, except the copy of your marriage certificate
• the Marriage, Families and Separation brochure
• the Acknowledgment of Service (Divorce) form
• a letter asking your spouse to sign the Acknowledgment of Service (Divorce) and return it to you, and
• a stamped self-addressed envelope for the return of the signed Acknowledgment of Service (Divorce).

Helpful hint –remember to record the date you posted the documents to your spouse.
If this document is not returned to you, you may need to serve your divorce application by hand. Complete the Affidavit of Service by Post (Divorce)

You must answer all questions on the Affidavit of Service by Post (Divorce), including question 6 which confirms that your spouse has signed the Acknowledgment of Service (Divorce).

Attach the signed Acknowledgment of Service (Divorce) to the Affidavit of Service by Post (Divorce).

You need to swear/affirm the Affidavit of Service by Post (Divorce) before a person who is authorised to witness affidavits; for example, a lawyer or Justice of the Peace. The person witnessing the Affidavit of Service by Post (Divorce) must also complete the annexure note on the Acknowledgment of Service (Divorce).
You will need to make a copy of the completed service forms before filing them at a family law registry. You need to file the original and a copy of the:

• Affidavit of Service by Post (Divorce),and
• Acknowledgment of Service (Divorce)

at a family law registry prior to the hearing date.

Helpful hint –If you are attending the court hearing, take your copy of the service forms with you.

The information on this page has been obtained from the Family Law Courts and was last updated on 29 July 2007.

The information is general in nature and does not necessarily reflect our views, or indicate a commitment to a particular course of action. Before any action or decision is taken on the basis of any material on this site you should obtain appropriate independent professional advice. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your case.

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